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LOURIM v. KEYSTONE SHIPPING COMPANY

302 A.D.2d 313 (2003)

754 N.Y.S.2d 873

KIRK LOURIM, Appellant, v. KEYSTONE SHIPPING COMPANY et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 27, 2003.

Plaintiff's motion to restore his case was denied on the ground that he failed to establish a reasonable excuse for the delay in completing discovery and filing a note of issue, a criterion for restoration of a case marked off calendar pursuant to CPLR 3404 (see Werner v Tiffany & Co., 291 A.D.2d 305 [2002]). However, the very fact that no note of issue was filed renders CPLR 3404 inapplicable to this case (Johnson v Minskoff...

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